Any person obtaining authorization under this chapter to encroach upon or otherwise make use of the public right of way or other public property agrees to all of the following as a condition of the authorization:
(A) To indemnify the town for and hold the town harmless from any expense (including, but not limited to, attorneys' fees, litigation costs and judgments) incurred as a result of claims made for damages arising out of operations conducted by that person pursuant to that authorization;
(B) When required, to executes an indemnification agreement that at a minimum provides that, to the extent permitted by law, the person shall be responsible for all liability associated with the encroachment and agrees to indemnify and hold harmless the town from and against any claim by any third party based upon any action or omission occurring during construction and maintenance of the encroachment or encroaching facility, as well as from and against any and all claims, demands, suits, causes of action or other assertion of responsibility, however denominated, for personal injury, damage to property, losses and expenses, including court costs and attorney's fees, arising out of or in any way related to the encroachment or encroaching facility;
(C) Where pertinent, to name the town as an additional insured on its and/or its contractors' general liability insurance policies applicable to the encroachment or encroaching facility; and
(D) To waive all claims of liability or responsibility against the town for any damage that may be caused to the encroachment or encroaching facility as the result of the town carrying out any construction or maintenance operation; and
(E) To be bound by such other and additional terms and conditions as the town may impose, which shall be set forth in the relevant permit, encroachment agreement, or franchise agreement.
(Ord. passed 9-17-2019)